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2026 Supreme(Online)(Ker) 12119

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
FAWAZ.T.A. – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 392 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.JERRY PETER, SRI.VINOD S. PILLAI, SMT.NAYANA VARGHESE, SMT.RIA VARGHESE
For the Respondents: SMT.SEETHA S., SR.PP, SHRI.MOHAMMED THAYIB N.M.

The High Court can quash proceedings when offences are not grave and parties reach a settlement, promoting judicial efficiency and harmony.

Headnote:The case concerns two petitioners accused in Crime No. 1440/2025 under various sections of the Bharatiya Nyaya Sanhita, 2023. The petitioners sought to quash proceedings on the ground of an amicable settlement, supported by affidavits from the respondents. The Court found no public interest in pursuing the case due to the nature of the offences and the settlement among parties. The Court thus quashed the proceedings based on its inherent jurisdiction under applicable laws, emphasizing the importance of harmony and judicial resource preservation. Resultantly, the Crl. M.C. was allowed.

Table of Content
1. criminal litigation initiated on non-grave allegations allowing for inherent powers. (Para 1 , 2)
2. amicable resolution supported by both parties promotes court efficiency. (Para 3 , 4)
3. court's observations on the suitability of quashing proceedings in light of societal concerns. (Para 6 , 7)

O R D E R

Dated this the 20th day of February, 2026 The petitioners are accused Nos. 1 and 2 in Crime No.1440/2025, registered by the Aluva East Police Station, Ernakulam, alleging the commission of the offences punishable under Sections 351 (2), 115(2) and 118(2) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 .

2. The petitioners have invoked the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 , to quash all further proceedings in the above case. It is asserted that the dispute that led to the registration of the crime has been amicably settled between the petitioners and the respondents 2 to 4, who have executed Annexures A3, A4 and A5 affidavits, affirming the settlement.

3. I have heard the learned Counsel appearing for the petitioners, the learned Senior Public Prosecutor, and the learned Counsel for the respondents 2 to 4.

4. The learned counsel on either side submits that, with the intervention of relatives and well-wishers, the parties have resolved their disputes amicably. The respondents 2 to 4 have no subsisting grievance and do not wish to pursue the prosecution, and have no objection to the proceedings being quashed.

5. The learned Public Prosecutor, on instructions, submits that the Investigating Officer has reported that the parties have arrived at a genuine and bona fide settlement. The State has no objection to the Criminal Miscellaneous case being allowed.

6. The scope and ambit of the inherent powers of this Court to quash criminal proceedings on the ground of settlement between the parties have been authoritatively laid down by Hon’ble Supreme Court, in Gian Singh v. State of Punjab [(2012) 10 SCC 303] , State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] , Naushey Ali v. State of U.P. [(2025) 4 SCC 78] , and in a host of judicial pronouncements. It is held that in cases where the offences are not grave or heinous, and where the parties have amicably settled the dispute, to secure the ends of justice, the High Court may invoke its inherent powers to quash the proceedings, particularly if continuation of the prosecution would serve no fruitful purpose.

7. On an overall consideration of the facts and circumstances of the present case, and the materials on record, I am satisfied that: the offences alleged are not heinous or of a serious nature; no public interest or element of societal concern is involved; the chances of conviction are remote in view of the settlement; and the continuation of the proceedings would merely burden the judicial process without advancing the cause of justice. Furthermore, the settlement would promote harmony between the parties and restore peace. Hence, this Court is persuaded to hold that this is a fit case to exercise its inherent jurisdiction.

In the result, the Crl. M.C. is allowed. Accordingly, Annexure A1 First Information Report and all further proceedings in Crime No. 1440/2025 of the Aluva East Police Station, as against the petitioners, are hereby quashed.

Sd/-

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